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Old 04-22-2008, 11:42 AM
andy37
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Default service on an llc

I am a member and a manager of an LLC. A suit has been filed naming the LLC and me as defendants.
I have been served and the summons is addressed to me individualy with no mention of the LLC.
The plaintiff is claiming service has been perfected on the LLC since I am the agent for the LLC.
My question is, since the rule requires the clerk to issue a summons for each defendant and that each defendant must be served and Alabama requires strict compliance with the rule and the fact that a defendant has knowledge of a suit does not excuse proper service, is there any way to claim the LLC has been properly served?
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Old 04-23-2008, 04:57 PM
moderator moderator is offline
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I can certainly understand this is a frustrating situation for you. I suggest you contact an attorney to determine your legal options. You can find an attorney through the locator service on LawInfo’s home page at: http://www.lawinfo.com/. There are many issues involved in defending a lawsuit, in addition to the service of process issue you raised. At any rate, whether the summons are lawsuit were properly served on the LLC (through you) is a question for your attorney to review. In the meantime, learn more about service of process and defending a lawsuit here:


http://www.alnd.uscourts.gov/Local/local_rules.htm

http://www.als.uscourts.gov/document...cs=local_rules

Also, check out the resources in LawInfo's Free Legal Resource Center at:

http://resources.lawinfo.com/Search....ice+of+process

http://resources.lawinfo.com/Search....teName:Alabama

http://resources.lawinfo.com/Search....d+to+a+lawsuit
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